From:                                         Freedom Info <Freedom.Info@kirklees.gov.uk>

Sent:                                           29 April 2021 12:25

To:                                               Louis Holmes

Subject:                                     RE: 23965 - Publication and consultation of care home fees

 

Dear Mr Holmes

 

I am writing in response to your request dated 1st April 2021.  This has been dealt with under the Freedom of Information Act 2000.

 

The Council’s response to your specific questions is set out below:

 

Please answer each question referencing the unique question number in each individual response.  If there is no response to a question, please state “No Response” or “Not Applicable”.  Response requirement is provided in brackets below.

FOIs

 

2020/21

 

1.       Please confirm where you have published online, your Local Authority 2020/21 Over 65 Nursing, Nursing Dementia, Residential and Residential Dementia Fee Rates. Please provide a link to where this communication was published, and a copy of any media sent to Providers evidencing this decision (link).

 

This was published on the Kirklees Council website as below.

 

2021/22

 

2.       Please confirm whether you have decided your 2021/22 Over 65 Nursing, Nursing Dementia, Residential and Residential Dementia Fee Rates. (yes/no).

 

If yes:

a.       When was the decision made (date)? Please provide a link to the dated document confirming this decision (link)

 

The Council does hold the requested information but considers this is exempt under Section 21 of the Freedom of Information Act, because the information is reasonably accessible to you by other means, because it is already in the public domain.

 

Section 21 of the Act provides that:

 

(1) Information which is reasonably accessible to the applicant otherwise than under section 1 is exempt information.

(2) For the purposes of subsection (1)—

(a) information may be reasonably accessible to the applicant even though it is accessible only on payment, and

(b) information is to be taken to be reasonably accessible to the applicant if it is information which the public authority or any other person is obliged by or under any enactment to communicate (otherwise than by making the information available for inspection) to members of the public on request, whether free of charge or on payment.

(3) For the purposes of subsection (1), information which is held by a public authority and does not fall within subsection (2)(b) is not to be regarded as reasonably accessible to the applicant merely because the information is available from the public authority itself on request, unless the information is made available in accordance with the authority’s publication scheme and any payment required is specified in, or determined in accordance with, the scheme.

 

Decision made as part of the Council budget setting process 2021/22, Council Meeting 10th February 2021: Council Meeting 10th February 2021

 

b.      From what date is the 2021/22 fee rate to be applied (date)

 

01/04/2021

 

c.       Where are the rates published currently online for Providers?  Please provide a link and a copy of any media sent to Providers evidencing this decision (link)

 

The rates are published on the Kirklees Council website: Care home and domiciliary tendering, contracts and monitoring | Kirklees Council

 

d.      How were, or are Providers consulted on this decision (free text)?

 

The fee setting process included consultation with providers through Care Home Provider Forums and discussions with the local Care Association

 

3.       For rates which are above the Base Fee Rates published, please confirm:

 

e.       What percentage uplift or mechanism was applied to each fee or care type for 2020/21 (percentage/free text)

 

f.        What percentage uplift or mechanism is to be applied to each fee or care type for 2021/22


 

4.       Please provide details of the provider representative association/s that you engaged with on all matters relating to over 65’s care homes:

g.       Association/s name/entity (free text)

 

Kirklees Care Association

 

h.      Name of the primary contact (name)

 

James Creegan (Chair)

 

i.        Email address (email address)

 

james.creegan@croftcare.co.uk

 

j.        Postal address (postal address)

 

Holme House Care Home, Oxford Road, Gomersal, Cleckheaton, BD19 4LA

 

k.       Contact number (telephone number)

 

01924 220163

 

5.       Can you please confirm which Local Authority/Authorities your response is on behalf of (free text).

 

Kirklees Council

 

Advice and Assistance : Direct Marketing

If you are a company that intends to use the names and contact details of council officers (or other officers) provided in this response for direct marketing, you need to be registered with the Information Commissioner to process personal data for this purpose.  You must also check that the individual (whom you wish to contact for direct marketing purposes) is not registered with one of the Preference Services to prevent Direct Marketing.  If they are you must adhere to this preference. You must also ensure you comply with the Privacy Electronic and Communications Regulations (PECR).  For more information follow this Link www.ico.org.uk

 

For the avoidance of doubt the provision of council (and other) officer names and contact details under FOI does not give consent to receive direct marketing via any media and expressly does not constitute a ‘soft opt-in’ under PECR.

 

If you are not content with the handling of your request, you have the right to ask for an internal review.  Requests for internal reviews should be submitted within 40 working days of the date of receipt of the response to your original request and should be addressed to the Monitoring Officer at monitoring.officer@kirklees.gov.uk. 

 

Please remember to quote the reference number above in any future communications.

 

If you are not content with the outcome of any review you have the right under section 50 of the 2000 Act to apply to the Information Commissioner for a decision as to whether your request for information has been dealt with in accordance with the requirements of the Act.  The Information Commissioner’s website is at www.ico.org.uk and gives more information about the role and duties of the Commissioner.  The Information Commissioner’s offices will be closed for the foreseeable future and they are therefore unable to receive correspondence via post. The ICO can be contacted via their contact page, or by ringing 0303 123 1113.

 

Yours sincerely

 

Victoria Lucas

Information Governance Team

Governance Service

Telephone: 01484 221000 (voice activated switchboard – please ask for Freedom of Information)

 

For more information about how we deal with your personal data, please see the Kirklees Council privacy notice


 

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